South Florida Injury Lawyer Blog
When you’re dealing with car insurance claims, remember: the insurance company is not in business to give you money. It is in business to make money and keep as much of it as it can. When settling a claim, insurance companies typically try to reimburse as little as they can legally get away with. If you think the reimbursement that you have been offered by an insurance company is too low, it probably is. If you believe an insurance company has wrongfully issued a denial of your claim, it probably has.
This is not to say that insurance companies and insurance adjusters are dishonest. However, as the plaintiff, you need to be cautious. Denials are common. Don’t sign anything or agree to anything with an insurer without talking to a lawyer first. As the saying goes, “anything you say can and will be used against you.” Talk to our team at The Quackenbush Law Firm before you interact with the insurance company.
Reasons for denial or minimization of your claim
Your claim may have been denied for a number of legitimate reasons:
- Claim improperly filed or filed too late
- Suspicion of fraud
- Dispute over severity of injuries
- Claiming you had a pre-existing condition
- Disputed liability
- Lapsed insurance
- Policy exclusions or insufficient coverage
- Insufficient evidence
You may disagree with the insurance company’s reason for denial, but these are legitimate reasons for denial. However, some insurance companies engage in bad faith insurance practices, which are illegal under Florida statute and Florida’s Unfair Insurance Trade Practices Act. As an experienced Florida attorney, I am extremely familiar with these legal requirements and will aggressively pursue any insurance company that may be acting in bad faith. A few examples include:
- Failing to promptly address and handle your claim
- Denying a claim without a valid reason
- Denying repeatedly when refiled, in the hopes of wearing down the filer
- Not conducting a fair and thorough investigation
- Maintaining poor business practices that can lead to any of these bad faith actions
Appealing the decision or suing the insurer
The first step after a rejection of a claim – whether by your policy or the other party’s – is to refile or appeal the claim. We can review your original claim and resubmit it, correcting any previous errors, providing additional evidence, and disputing the insurance company’s arguments. Our team will also closely investigate the company for any evidence of bad faith behavior.
When an appeal letter comes from the law office of a personal injury attorney as opposed to an individual, the company is more likely to cooperate. Nonetheless, they may try to lowball the settlement offer. As your representative, I come to the negotiation table with thorough evidence of injury caused by the accident, past and future expenses, lost wages and lost future wages, property damage, and pain and suffering, to demand compensation sufficient to cover you for all your losses, not just those that have already been incurred.
If an insurance company is unwilling to negotiate in good faith, I will take them to court. I have a track record of winning significant awards from juries, and this history often encourages insurance companies to offer very generous compensation.
As a Florida personal injury lawyer, I believe in “fighting for the rights of the little guy” against the highly lucrative businesses, insurance companies, and medical institutions that have the financial resources to squash your efforts to recover damages caused by their negligent behavior or faulty products. If you have been injured and have been denied the compensation you deserve, don’t go up against insurance companies alone. Contact me at (954) 448-7288, 24/7 from anywhere in Florida, for a free consultation to see how I can help you.